DATA PROCESSING AGREEMENT

1. OVERVIEW & COMMITMENT

Amber Experiences processes relationship intelligence data on behalf of clients during hospitality events. We take data privacy seriously. This agreement establishes clear rules about what we do with your data, how we protect it, and when we delete it.

Key Principle: You own all relationship data. We're a processor handling it on your behalf for a defined purpose: capturing relationship interactions, synthesizing them into a Relationship Report, and delivering that Report to you. We don't use your data for any other purpose. We delete working files on schedule.

2. DATA OWNERSHIP & CONTROL

2.1 You Control the Data

Client is the Data Controller. You determine the purposes and scope of data processing. Amber is a Data Processor acting only on your documented instructions.

2.2 Data Ownership

All Personal Data and relationship intelligence documented in Reports is your sole property. Amber retains no ownership rights. We will not claim, use, or monetize any Client data for any purpose outside the stated engagement.

2.3 Processor Limitations

Amber shall not:

Disclose or share your data with any third party without your prior written consent
Use your data for any purpose other than the engagement objectives
Combine your data with data from other clients or sources
Retain your data beyond the specified deletion date (unless you request extended archival)
Repurpose or leverage your data in any form

3. DATA SCOPE & CATEGORIES

3.1 What We Capture

During the engagement, Amber documents:

Guest names and professional titles
Company affiliations and business context
Relationship history (prior interactions, known context)
Interaction notes (topics discussed, observed engagement signals, relationship progression)
Commercial indicators (expressed interest, decision-making signals, timing)
Recommended follow-up actions and next steps

3.2 What We Do NOT Capture

Amber explicitly does not capture or store:

Audio or video recordings
Verbatim transcripts of conversations
Personal information unrelated to business relationships (health, politics, religion, family details)
Appearance-based observations or subjective personality assessments
Confidential information overheard unintentionally
Data about third parties not present at the event

3.3 Data Minimization

Amber captures only the information necessary to fulfill the engagement objectives. If you request data collection beyond this scope, we'll confirm your instruction in writing before proceeding.

4. SECURITY & DATA PROTECTION

Amber employs proportionate security measures appropriate to the sensitivity and duration of data handling.

4.1 Standard Security (Default for All Engagements)

Transmission:

Voice notes captured on encrypted field devices (phones, tablets)
Transmitted via end-to-end encrypted messaging (WhatsApp, Signal, or equivalent E2E platform)
E2E encryption ensures only the sender and recipient can access the message; Amber and the platform provider cannot intercept or view content in transit

Storage:

Upon receipt, voice notes downloaded to Account Lead's encrypted device
Devices protected by full-disk encryption: macOS FileVault (AES-256) or Windows BitLocker (AES-256)
Access restricted by device password and biometric authentication
Voice notes never stored on cloud services, shared drives, or non-encrypted locations

Access Control:

Only the assigned Account Lead has access to Client data
Access credentials (passwords, biometric data) managed by individual (not shared)
No background personnel, interns, or contractors access Client data without explicit Client approval

Deletion & Verification:

Working files (voice notes, raw transcripts) deleted 30 days post-Report delivery
Deletion performed via secure method (Shift+Delete on Windows / Secure Empty Trash on Mac, or command-line cryptographic erasure)
Account Lead logs deletion: date, method, file names, confirmation of permanent removal
Upon Client request, deletion log provided as evidence of compliance

4.2 Enhanced Security (Optional: Available on Client Request)

If your compliance framework requires higher assurance, Amber offers enhanced security via Wickr Enterprise:

Wickr is an ISO 27001 certified, SOC 2 Type II compliant secure messaging platform
Hosts capture voice notes in Wickr app (E2E encrypted, military-grade)
Portal storage with granular access controls and audit logging
Automated deletion on schedule with deletion certification
Quarterly access audits documenting who accessed what data and when

When to Request Enhanced Security:

Your legal or compliance team requires ISO 27001 certification
You process data for highly regulated business contexts
Your risk framework mandates third-party certified infrastructure

Cost: Enhanced security incurs additional fee. Amber will quote separately upon request.

Selection: Specify in Data Processing Instruction Form whether you require Enhanced Security (Wickr) or Standard Security (E2E messaging + encrypted device storage).

5. DATA RETENTION & DELETION

5.1 Retention Schedule

Data TypeRetention PeriodLocation

Voice notes & transcripts30 days post-Report deliveryAccount Lead's encrypted device

Final Relationship ReportIndefinite (Client retains copy)Client-controlled; Amber retains no copy

Deletion logs & verification3 yearsAmber's records (for compliance verification only)

5.2 30-Day Deletion Process

Day 30 post-Report: Account Lead deletes all working files (voice notes, raw transcripts, unfinalized drafts)
Same day: Deletion logged with date, method, and file names
Within 5 business days: If Client requests deletion certification, Amber provides written log confirming: date of deletion, method used, confirmation all copies permanently removed

5.3 Client-Requested Deletion

You may request immediate deletion of any data at any time. Amber will comply within 10 business days, except where legal obligations require longer retention (e.g., litigation hold, tax law).

5.4 Extended Retention (Optional)

You may request written extension of data retention beyond 30 days (e.g., for internal business purposes, litigation holds). Any extension must be documented in writing with specific dates and purpose. Extended data protected with same security measures as primary storage.

6. BREACH NOTIFICATION & INCIDENT RESPONSE

6.1 Breach Notification

If Amber becomes aware of unauthorized access, disclosure, or loss of Client data, Amber will notify Client as soon as practicable, and no later than 72 hours of confirming the breach.

Notification will include:

Nature of the breach (unauthorized access, loss, disclosure)
Types and approximate quantity of data affected
Likely consequences for affected parties
Remediation steps taken or planned by Amber
Client's assistance options (investigation, notification support)

6.2 Cooperation

Amber will cooperate fully with Client's incident response, including:

Preserving evidence and providing system logs
Assisting with Client's own notification obligations to regulatory authorities or data subjects
Implementing measures to prevent recurrence

6.3 Liability for Breaches

Amber's liability for breaches caused by Amber's negligence or failure to maintain agreed security measures is limited to direct damages incurred by Client (notification costs, remediation costs, investigation fees). Total liability capped at fees paid under the Service Agreement in the 12 months preceding the breach claim.

Note: Amber carries cyber liability insurance. For claims exceeding coverage, liability is subject to cap above.

7. COMPLIANCE WITH DATA PROTECTION LAWS

7.1 GDPR (EU/UK Personal Data)

Where Client processes EU/UK personal data, Amber commits to General Data Protection Regulation (GDPR) 2016/679 and UK Data Protection Act 2018 compliance:

Lawful Basis: Client's legitimate business interest in understanding and managing client/partner relationships (standard CRM practice).

Data Subject Rights: Data subjects (guests, executives) may request access to, correction of, or deletion of their personal data. Client may direct such requests to Amber or handle directly. Amber will cooperate with Client's written instruction within 10 business days.

International Transfers: If data is transferred outside EU/EEA, Amber complies with GDPR transfer requirements. For transfers via Standard Contractual Clauses, Amber will execute Client's DPA template if provided.

7.2 PDPA (Singapore Personal Data)

Where Client processes Singapore personal data, Amber complies with Personal Data Protection Act (PDPA) 2012:

Collection Consent: Client shall notify guests pre-event that interactions will be documented for relationship management ("We'll be documenting relationship interactions to ensure proper follow-up and relationship management"). This constitutes sufficient notice under PDPA; explicit written consent from each guest not required.

Accuracy & Protection: Data recorded contemporaneously; protected via encryption and secure deletion per Section 4.

Purpose Limitation: Data processed only for relationship orchestration and Client follow-up; not used for marketing, profiling, or unrelated purposes.

Access & Deletion: Data subjects may request access/deletion; Amber complies within 10 business days upon Client's written direction.

7.3 Other Jurisdictions

Amber complies with applicable data protection laws in jurisdictions where data is processed, stored, or transferred (including CCPA for California data, LGPD for Brazil data, and other applicable regimes). If jurisdictional conflicts arise, Amber notifies Client immediately.

8. SUBPROCESSORS & THIRD PARTIES

8.1 Current Subprocessors

Amber may engage subprocessors (third-party vendors) to assist with data processing. Current subprocessors:

SubprocessorServiceJustificationCertification
Speechmatics / Rev / equivalentAI transcription of voice notesConverts voice notes to text for synthesis into ReportStandard data processing agreement; encrypted transmission
Cloud storage provider (if used)Encrypted file storage (if Client selects Enhanced Security)Backup storage during eventISO 27001 certified (if Enhanced Security selected)

8.2 Subprocessor Approval & Changes

Current subprocessors listed above are pre-approved
If Amber engages a new subprocessor not listed, Amber provides 30 days' written notice to Client with vendor details (name, service, security certifications)
Client may object to new subprocessor on reasonable grounds (security concerns, jurisdiction, conflicts)
Amber will not engage an objected-to subprocessor without Client's written approval
Client may terminate the affected engagement if subprocessor is unacceptable

8.3 Vendor Data Agreements

Amber ensures all subprocessors sign Data Processing Agreements containing terms consistent with this DPA (data ownership, security, deletion, confidentiality).

9. CLIENT RIGHTS & RESPONSIBILITIES

9.1 Client Rights

Request access to all data processed on Client's behalf (Amber provides within 10 business days)
Request correction of inaccurate data (Amber corrects within 10 business days)
Request deletion of any data at any time (Amber complies within 10 business days)
Request deletion certification confirming removal from all systems
Require Amber to cease processing and delete data upon engagement termination

9.2 Client Responsibilities

Notify guests pre-event that interactions will be documented (recommended language: "We'll be documenting relationship interactions to ensure proper follow-up")
Provide documented instructions for data processing (via Data Processing Instruction Form)
Inform Amber of any special data categories or jurisdiction-specific requirements before event commencement
Request Enhanced Security (Wickr) if your compliance framework requires it

9.3 Confidentiality

Amber staff with access to Client data sign confidentiality agreements. Client data is treated as confidential business information and protected accordingly.

10. DATA PROCESSING INSTRUCTION REQUEST

Event Details:

Event Name: ___________________________
Event Date(s): ___________________________
Location(s): ___________________________
Estimated number of guests: ___________________________

Security Preference (Select One):

☐ Standard Security (Default)

Voice notes transmitted via E2E encrypted messaging (WhatsApp, Signal)
Stored on Account Lead's AES-256 encrypted device
Deleted 30 days post-Report
Cost: Included in engagement fee

☐ Enhanced Security (Optional)

Voice notes transmitted via Wickr Enterprise (ISO 27001, SOC 2 Type II)
Portal storage with granular access controls
Automated deletion with audit logging
Quarterly access audits
Cost: Quote upon request

Data Categories & Scope:

Client confirms Amber will document:

☐ Guest names, titles, company affiliations
☐ Relationship context and history
☐ Interaction topics and engagement signals
☐ Commercial opportunity indicators
☐ Follow-up recommendations

Client confirms Amber will NOT capture:

☐ Audio/video recordings or verbatim transcripts
☐ Personal information unrelated to business relationships
☐ Confidential information overheard unintentionally

Retention & Deletion:

Client confirms:

☐ Working files (voice notes, transcripts) will be deleted 30 days post-Report delivery
☐ Client retains final Relationship Report indefinitely
☐ Upon request, Amber will provide written deletion certification

Special Requirements (if any):

Jurisdiction-specific compliance: ___________________________
Data subject notification language (if non-standard): ___________________________
Other requirements: ___________________________

Subprocessor Approval:

Client approves use of AI transcription services (Speechmatics, Rev, or equivalent) to synthesize voice notes into Relationship Report.

☐ Yes, approved
☐ No, use alternative method: ___________________________

Authorization:

Client Representative: ___________________________
Title: ___________________________
Signature: ___________________________
Date: ___________________________
Email: ___________________________

11. TERMINATION & DATA DELETION

11.1 Upon Engagement Termination

Amber will cease processing within 5 business days. Within 30 days, Client may request:

Return of final Relationship Report (Client retains indefinitely)
Deletion of all working files

If Client does not respond within 30 days, Amber deletes all data and provides deletion certification.

11.2 Survival

Post-termination, the following obligations survive:

Confidentiality: indefinite
Data security: 12 months (for any retained data)
Deletion verification: upon Client request
Liability limitations: indefinite

12. GOVERNING LAW & DISPUTE RESOLUTION

This DPA is governed by the laws of the Republic of Singapore, without regard to conflicts of law principles.

Disputes shall be resolved through:

Good faith negotiation (15 days)
Mediation (if needed, 30 days)
Arbitration or court proceedings in Singapore

13. GENERAL PROVISIONS

13.1 Entire Agreement

This DPA constitutes the entire agreement regarding data processing and supersedes all prior understandings.

13.2 Amendments

This DPA may be amended only by written agreement signed by authorized representatives of both parties.

13.3 Notices

All notices in writing, delivered by email with read receipt or registered mail to the addresses specified in the Service Agreement.

13.4 Counterparts & Signatures

This DPA may be executed in multiple counterparts. Electronic signatures and PDF signatures are legally binding.

13.5 No Waiver

Waiver of any breach does not constitute waiver of any other breach.

13.6 Relationship

Amber is an independent contractor. Nothing in this DPA creates a partnership or agency relationship.

APPENDIX A: SECURITY MEASURES SUMMARY

Standard Security (E2E Messaging + Local Encryption)
ComponentSpecification
Transmission EncryptionEnd-to-end encryption via WhatsApp, Signal, or equivalent (military-grade E2E, unbreakable by platform provider)
Transport LayerTLS 1.2+ for any HTTPS transmission
Storage EncryptionAES-256 full-disk encryption (macOS FileVault, Windows BitLocker)
Access ControlDevice password + biometric authentication; Account Lead only
Deletion MethodSecure deletion (cryptographic erasure, overwrite, or equivalent)
VerificationDeletion log maintained for 3 years
Enhanced Security (Wickr Enterprise, Optional)
ComponentSpecification
CertificationISO 27001, SOC 2 Type II
TransmissionE2E encrypted via Wickr app (military-grade, FIPS 140-2)
StorageEncrypted portal with AES-256, TLS 1.2+
Access ControlMulti-factor authentication, role-based access control
Audit LoggingAll access logged (user, timestamp, action) for 36 months
DeletionAutomated 30-day deletion with audit trail and deletion receipt
ReviewsQuarterly access audits, manual verification of compliance

APPENDIX B: GLOSSARY

AES-256: Advanced Encryption Standard with 256-bit key length. Military-grade encryption. If encrypted with AES-256, data cannot be decrypted without the encryption key.
E2E (End-to-End) Encryption: Only the sender and recipient can read the message. Platform provider, ISPs, and government agencies cannot intercept or view content.
TLS 1.2+: Transport Layer Security protocol that encrypts data in transit. Standard for HTTPS and secure APIs.
ISO 27001: International information security management standard. Certification requires annual third-party audit and ongoing compliance controls.
SOC 2 Type II: Service Organization Control audit. Verifies security, availability, and confidentiality of systems over a 6-12 month period. Required for enterprise vendors.
GDPR: General Data Protection Regulation (EU). Grants individuals rights over their personal data and requires organizations to protect it.
PDPA: Personal Data Protection Act (Singapore). Singapore's privacy law, similar to GDPR but less stringent.
Data Controller: Entity that determines purposes and means of processing (Client).
Data Processor: Entity that processes data on behalf of Controller (Amber).
Subprocessor: Third party engaged by Processor to assist with processing (e.g., transcription service).
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